Los Angeles daily herald., 1887-10-29
THE ANARCHISTS.
Close of the Proceedings for
the Writ of Error.
GRINNELL'S MANY OBJECTIONS
General Ben Butler Exhaustiyely
Argues in Behalf of the
Condemned Men.


had practically finished his argument
when Court adjourned yesterday, and
would not resume to-day, but would
give way to Grinnell.
GRINNELL's ARGUMENT.
Julius S. Grinnell, States Attorney
of Illinois at the time of the Anarch-
lists trial, then made a brief, but
effectual argument against the grant
ing of the writ Of error. Referring to
the jury, he said that so far as the
composition of the jury was concerned,
there was only one man on it to whom
any objection was raised by the de-
fense, and that was Sanford, who was
tho last juror selected. Grinnell said
that every man on the jury was duly
qualified under the common law. "1t
was," he said, with some feeling, Gas
Representative an American jury. as
good and intelligent jury as was
ever looked OH. 1t was in no sense a
class jury"
"sEARCH AND SEIZURE"
With regard to the unreasonable
search and seizure" Grinnell said
that. he did not desire and this was
not the place to apologize for anything
he had done in this case. He be-
lieved, however. that it had always
been regarded as proper to deprive a
criminal of the instruments OF his
crime and to use the instruments as
evidence against him. 1t had been
done when the pistol was taken by
force from the assassin Guiteau, and
if he remembered rightly, Guiteau's
papers had also beon seized
HE REVIEWS THE EVIDENCE.
He recited the history Of the bomb
throwing in Chicago and enumerated
articles such as dynamite, etc.. which
belonged to Spies, Lingg and others
of the anarchists, and which had
been taken not from their private
houses, but from the Zsititny
Office, the headquarters OF the anarch-
list party. He maintained that the
question was not how did these arti-
cles get before the Court, but what
did they prove.
BEN. BUTLER ARISES.
Butler objected to the later part of
Grinnell's argument on the ground
that it went outside OF the printed
record and brought in eXtraneous mat
ter to which no reference had before
been made, and that this extraneols
matter must be proved with the court
or its introduction would not be per-
mitted. After describing what hap
pened previous to the Hay Market
meeting, he said that the bomb had
been thrown at that meeting by some
body for some purpose, and there is
not one word in these 5000, pages OF
evidence to show that any one of these
men had anything to do with the
! throwing OF that bomb. =
ga PREJUDICED JURY"
Referring to the Grand Jury, he said
that he was ready to pledge himself
that there was not q single man of the
jury selected who had not said that he
had a firm, and some OF them an en-
thusiastic convictive opinion, and 4
prejudice against the defendants.
C-'I 4hAih ~4>'CEsibA-f'Ss
After discussing the composition OF
the iury's dissatisfaction, the lack OF
time for preparation, the sentencing OF
the prisoners in theirabsence and that
of their counsel, the injustice done
them by unreasonable search and seiz-
ure, ETC., General Butler said that if
all these things could be done, a ques-
ton was to be debated whether this
Government would not be better if 1T
were turned into anarchy than if it
were to be carried on in this fashion.
A PERSONAL SMILE.
81 have no fear" he said, ''of
being misunderstood npon this ques-
ton. I have the individuality OF
being the only man in the United
States that condemned and executed
men for undertaking to overturn the
law. There were thousands of them,
and for that act, please your HOnors,
price was set on my head, as though
were wolf; $25 900 was offered to
any one that would capture me to
murder me by jefferson Davis and his
associates, and if they were here
at your bar, trying to ascertain
whether they should have an honest
and fair trial for their great crimes,
and they called upon me with their
lives in danger, / should hold it to be
my duty to ask that l might defend
| them.
''SoT A FAIR PLEA"
Referring to the assertion OF counsel
on the other side that the petitioners
had waived some Of their rights
through not insisting upon them by
excepting an objection at the proper
time and that therefore they were
estopped from asserting these rights
now, Butler contended that when q
man was on trial for his life there was
no such thing as waiver or estoppel.
''IMMUNITIEs INVADED"
General Butler then again de-
claimed against the unreasonable
searchers and sellers. "Why, your
Hcnors," he exclaimed, they
committed burglary, headed H
the States Attorney, on ms
own admission. No miserable police
man or half-witted constable, but the
States Prosecuting Attorney does the
burglary, steals the papers and says
that YOU can't help that. He puts it
with sort of triumph and We are told
that our immunities and privileges
are not invaded and that onr remedy is
to sue for trespass. What beautiful
remedy-to sue the States Attorney
and be tried by such jury as the law
OF Illinois would give y
DUE PROCESS or LAW DEFINED.
General Butler said that he agreed
fully that the first ten amendments O
the Constitution were limitation o
Federal power, and not y restriction
of the rights of States. "The word
due process Of law meant the Law
of the land and not the law OF
county, province or State, but the la,
OF the country. Any other meanin